How to know whether your invention can be patented in India?

Updated on : 2021-Jan-23 13:59:27 | Author :

This is probably the first question that may arise in your mind if you are looking to get protection for your analysis and development (invention). so let's see the way to patent a plant in India

 

  • The invention should be Patentable subject matter
  • It should be Novel
  • It should be Non-obvious (inventive-step)
  • The invention should have an Industrial application
  • And it should be enabling

Let’s discuss all 5 criteria’s one by one

 

The invention should be patentable subject matter:

 

The patent act in India has specified certain subject matters are not eligible for getting a patent in India. Some of these areas are;

 

  • Inventions related to atomic energy
  • abstract ideas
  • laws of nature or anything contrary to well established natural laws
  • physical phenomenon
  • discovery of any living thing or nonliving substance
  • method of agriculture or horticulture
  • a new form of know substances
  • method of playing games
  • any aesthetic creations
  • anything that causes serious harm to human
  • animal, plant life

etc, are not the patentable subject matter in accordance with section 3 and section 4 as per the Indian patent act. (link to Indian patent act)

 

Novelty means the informationledge|the data} you have written in the specification of your application (subject matter) isn't revealed or know to or available to the public in India or elsewhere before the date of filing of the patent.

 

An inventive step: a subject matter in a patent application having inventive step means, the invention disclosed is not obvious to a person skilled in the art. particularly with reference to the prior art or the informationledge|the data} already know or available to the public. In different words, the invention should not be obvious to people who are from the same field of invention.

 

In other words, the inventive step means an aspect of the invention that involves a Technical advance or economic significance or both with respect to existing knowledge, thus making the invention non-obvious to a person skilled in the art.

 

Industrial application: as the name suggests, an invention to be patented should have a utility that is it is capable of being created and utilized in industry.

 

Enabling: This criterion suggests that the information disclosed in the proposed invention should be sufficient to reduce it in to practice. And this info must be included in the application for the invention.

 

The term enabling means: any person, who is ordinarily ball-hawking in the art, should be ready to scale back the invention into observe with the help of the information disclosed in the patent application.

 

to help you find out if your invention is patentable or not you'll be able to reach top patent attorneys and patent agents in India here.

 

 

Additional Resource​​​​

 

Get FREE Advice